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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitione...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Failure to Prove Loan Repayment or Dispute Existence of Debt Leads to Conviction Under Section 138 of Negotiable Instruments Act, 1881.

The appellant-complainant, Sri Krishna Reddy M, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judg...

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High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

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High Court of Karnataka Dismisses Petition to Quash Section 138 NI Act Complaint Against Director for Insufficient Averments. Director Issued Cheque Towards Company Loan, Dishonoured Due to Insufficient Funds, Court Finds Prima Facie Case.

The petitioner, Sri Nabhiraj, a director of Aztec Digitals Private Limited, filed a criminal petition under Section 482 of the Code of Criminal Proced...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when cheque and signature are admitted, shifting burden on accused to prove defence.

The case involves a criminal appeal filed by the complainant, Sukhalal Kumar, against the acquittal of the accused, Prakash B. Borkar, under Section 1...

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Bombay High Court Dismisses Revision Against Conviction in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Accused Failed to Prove Cheque Was Issued as Security, Not for Repayment of Loan.

The case involves a criminal revision application filed by the accused, Vyomesh Jitendra Trivedi, challenging his conviction under Section 138 of the ...

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Bombay High Court Dismisses Criminal Applications Challenging Magistrate's Orders in Private Complaint Cases — Reiterates Limited Scope of Revision Against Interlocutory Orders Under Section 397 CrPC. Order Issuing Process Under Section 204 CrPC is Interlocutory and Not Subject to Revision.

The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process again...